Marin officials respond to governor's proposal to expand use of controversial fire fee

Marin officials are hotly opposed to the latest chapter in the state's fire-prevention fee saga in which Gov. Jerry Brown is proposing to use the fees for projects beyond where fee payers live. Brown's proposal comes at a time when lawmakers are introducing bills to repeal or restrict the new fee.

The $150 annual fee — or $115 in areas protected by an organized fire agency — was collected for the first time last year to help prevent and suppress wildfires. More than 15,000 homes on 18,000 parcels in unincorporated Marin County are subject to the controversial fee, which funnels about $1.8 million to the state.

Bills for this fiscal year are being mailed out alphabetically by county starting this month, likely causing another uproar from local fee opponents who just paid the 2011-12 fee in September.

Bill Tyler, Novato Fire District fire marshal, said the Marin County Fire Chiefs' Association and numerous local fire districts remain opposed to the assessment of "state responsibility area" parcels because many of these areas are already covered by local fire districts.

"The fire prevention fee comes on top of what those local property owners are already paying for fire protection," Tyler said. "By having to pay for that, it's subsequently unlikely that as fire districts go back to voters looking to fund local fire districts, they'll vote for that."

Brown is proposing the Legislature amend the property fee so the funds can be used for fire-prevention efforts in areas bordering the regions where the fee is assessed, making it a charge for more general fire-prevention services. The proposal appears as a trailer bill to the governor's 2013-14 budget.

Jason Weber, county fire chief, said Marin is in an awkward position when it comes to the fire fee because its collection inadvertently supports the county. The county is technically responsible for protecting local state responsibility areas as part of a $3.7 million contract with the state. Marin is one of six contract counties paid to provide initial response to fires in those areas — which total more than 31 million acres throughout the state and 201,000 acres locally.

Weber said that without revenue from the fire fee, Marin's contract would be in jeopardy.

Rep. Jared Huffman, D-San Rafael, is opposed to the fee, saying it discriminates against rural areas and that those paying it aren't going to see any benefit. He said Brown's proposal to expand its use is yet another stretch for the highly flawed fee.

"I have to say, anything that further attenuates the nexus between this fee and how it's used is going to be problematic," Huffman said.

Assemblyman Marc Levine, D-San Rafael, said he's unsure what Brown's actual proposal will be when it comes down to decision time.

"There's a lot of mixed messages," Levine said. "It's all about making sure the fee is fair."

Brown's bill to expand the fee's use would require a two-thirds vote of the Legislature because it is a tax, according to the nonpartisan Office of Legislative Counsel. The property fee was approved by a majority vote in 2011 because it wasn't deemed a tax at the time. The Howard Jarvis Taxpayers Association has sued the state over this issue, arguing the fee has been a tax all along.

Huffman said he doesn't think Brown will be able to get a two-thirds vote. He said the administration has failed to address initial concerns about the fee.

"It's disappointing to see them push ahead with something that is legally flawed," Huffman said.

Given the Legislature's Democratic-leaning composition, Weber said he thinks Brown's proposal has a good chance of being successful.

"You look at politics, and they're in a pretty good position with a supermajority now," Weber said.

Both Weber and Tyler agree it's highly unlikely local fire agencies and communities will ever see the full $1.8 million collected directed back to Marin through fire-prevention activities. Instead of funding such enterprises, the fees appear to have simply bolstered the Department of Forestry and Fire Protection's, or Cal Fire's, budget.

Tyler said Cal Fire's funding has been drastically reduced during the past few years, but that the fee is not the proper way to financially support the agency.

Weber said Cal Fire is a crucial resource when there are severe wildfires, like the Mount Vision fire in 1995 that burned the Point Reyes peninsula, because the agency can send large crews of firefighters, fire engines and flame-dousing helicopters — all on its own dime.